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Home My WebLink About2006 01 04 Public Hearings 200 NOPC PLANNING & ZONING BOARD LOCAL PLANNING AGENCY AGENDA January 4, 2006 Meeting Consent Information Public Hearin2 X Re2ular ITEM 200 REQUEST: The Community Development Department - Planning Division requests that the Local Planning Agency hold a Public Hearing to consider a Notification of Proposed Change (NOPe) to Parcel 14 of the Oviedo Marketplace Development of Regional Impact (DR!) by The Viera Company. PURPOSE: The Oviedo Marketplace DR! (formerly Oviedo Crossing and DLI Properties) is under three jurisdictions: Seminole County, City of Oviedo, and the City of Winter Springs. The only portion of the DR! within the City of Winter Springs is Parcel 14. The approved development program for Oviedo Marketplace allows residential use within the DR!, although it is not a use currently specified for Parcel 14. The NOPC seeks to convert 29,000 SF of the 160,000 SF total retail use allocated to this parcel into 132 residential units. The proposed change does not require an amendment to the Winter Springs Comprehensive Plan. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 380.06 Developments of Rel!ional Impact (9) Substantial Deviations (f) (relates to the rules for submittal of proposed changes to a previously approved DRI). Florida Statute 380.06(19)(f)4 (The regional land planning agency shall advise the local government in writing whether it objects to the proposed change and the reasons for its objection if any.) Florida Statute 380.06(19)(f)5 (The local government holds a public hearing and determines whether the proposed change requires further development of regional review based on the criteria in 380.06(19)(a) - (e).) Florida Statute 380.06(9)(f)6 If the local government determines that the proposed change does not require further development-of-regional-impact review and is otherwise approved.. .the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change... Winter Sprinl!s Section 20-57. Duties; general. The planning and zoning board shall serve as the planning and zoning commission. It shall be the duty of the planning and zoning board to recommend to the city commission the boundaries of the various original zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto and shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the ~ January 4,2006 Public Hearing Item 200 segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of districts and appropriate regulations. In addition thereto, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the boar d shall commence such duties on the adoption of the comprehensive plan by the city commission. CHRONOLOGY: Dec. 22. 2005- LP A Ad in Orlando Sentinel Dec. 22. 2005- Response from the Bureau of State Planning, Department of Community Affairs received with objections to the proposed request. Dec. 22. 2005- Request from Applicant's Attorney to postpone to date certain (Feb. 1,2006) the LP A public hearing. CONSIDERATIONS: Staff has received a request from the applicant's attorney, M. Rebecca Furman of Lowndes, Drosdick, Kantor and Reed to postpone the LPA Public Hearing to date certain (Feb. 1,2006), so that the Applicant might respond to the State's objections. STAFF RECOMMENDATION: Staff recommends that the LPA postpone to date certain (Wed., February 1, 2006) the public hearing and recommendation regarding the First Amendment to the DR! Development Order for Oviedo Marketplace (formerly Oviedo Crossing). IMPLEMENTATION SCHEDULE: Feb. L 2006- LPA to hear the request for amending the DR! Development Order and make recommendation to the City Commission. Feb. 9,2006- Public Noticing in Orlando Sentinel of Public Hearing for DR! NOPC Feb. 27, 2006- Commission consideration of the Oviedo Marketplace DR! NOPC ATTACHMENTS: A- Letter from applicant's representative requesting item to be postponed. LP A ACTION: Page 2 ATTACHMENT A Lowndes Drosdick Doster f ~ Kantor l)L Reed, ~A. M. REBECCA FVRMAN DIRECT DIAL: 407-4] 8-6250 NORTH EOLA DRIVE OFFICE POST OFFICE Box 2809 ORLANDO, FLORIDA 32802-2809 rc becca. [urman (ii; I owndes-Ia w. com A T TOR N E Y S A T LAW ~ m MERITAS lAW FIRMS WORLDWIDE December 27,2005 Eloise Sahlstrom, AICP Senior Planner City of Winter Springs 1126 State Road 434 Winter Springs, FL 32708 Re: NOpe for Oviedo Marketplace DRI (the "Project") Dear Eloise: As you know I represent The Viera Company, the Developer of the above-referenced Project. Currently the Project is on the City of Winter Springs Planning and Zoning Commission Agenda for January 4,2006. The Developer is requesting that consideration of the Project be postponed to February 1, 2006, in order that the Developer can respond to comments of the reviewing agencies. We appreciate your cooperation in this matter and look forward to bringing the Project for consideration before the Planning and Zoning Commission on February 1, 2006. Please call me should you have any questions. Ve1u?,~ours, JL{!J~ M. Rebecca Funnan MRF/tmn cc: Raph Hanley Carey Hayo George Kramer 000977! \1 03719\91 0468\! 2! 5 NORTII Em.A DRIVE ORLANDO, FLORIDA 32801-2028 TEL: 407-843-4600. FAX:407-843-4444 . wv.'w.lo\mdcs-luw.colll 450 SOUTH ORANGE A VENUE, SUiTE 800 ORLANDO, FIORJDA 32801-3344